JAGADISH CHANDRA ARAS; MOHAMMAD RASHID SAMBADRI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed by the petitioners-accused nos.10 and 11 u/S 439 of Cr.P.C. seeking their release on bail of the offences punishable under Sections 302, 307, 353, 120(B), 212, 201, 419, 468, 471, 384, 388, 506 r/w Sec. 149 of IPC and Sec. 3, 8, 25 (1-B)(A)(C) of Indian Arms Act, 1959 and Sec. 3(1)(I), 3(II), 3(2), 3(3) and 3(4) of Karnataka Control of Organized Crime Act, 2000 (hereinafter referred to as 'Act' for brevity), which is pending before the Prl. Dist. & Sessions Judge (KCOCA Spl. Judge), Belagavi, registered in respondent Police Station Crime No. 245/2013.

(2.) So far as the petitioner no.1/accused no.10 is concerned the petition is already withdrawn by filing a memo as per order dated 19.11.2015. Hence, present petition is to be considered only in respect of petitioner no.2/accused no.11.

(3.) Brief facts of the prosecution case as per the complaint averments are that the complainant is working since 13 years at Karwar District Police as Police Constable. The higher officials appointed the complainant as Gunman from September to Sri Ramachandra Narayan Naik (hereinafter referred to as 'R.N. Naik' for brevity), aged about 58 years, who is a businessman and he is residing at K.C. Road Palace, Ankola. Routine of the deceased starts around 10 in the morning. He would leave the house and come back around 1.30 to have lunch and around 4-6 he would go out. During those times the complainant use to accompany as a Gunman and the Department had provided 9 mm pistol and 10 bullets.